LTB Order Review and Decision on Eviction for Breach of Order

Analysis and Outcome of Tenant's Motion to Set Aside Eviction Order

Case Timeline

Application Date: Date not provided

Hearing Date: 2023-05-09

Order Issued: 2023-07-21

Termination Date: Date not provided

Eviction Deadline: Not applicable

Case Overview

Case Number: LTB-L-014139-23-SA

Address: 3, 107 SIXTH AVE, BRANTFORD ON N3S1B1

Form Used: L4

Served By: Not specified

Amount Awarded: Not applicable

Decision In Favor: Tenant

Application Type: Eviction for alleged breach of previous order

RTA Sections: Section 77(8)

Parties Involved

Landlord: 1000168055 Ontario Inc

Landlord Rep: Susanne Draper

Tenant: Ashley Bodne

Tenant Rep: Self Represented

Adjudicator: Bryan Delorenzi

Keywords: eviction, set aside, breach of order, cat litter, evidence

Decision Summary

Motion to set aside the eviction order was granted based on insufficient evidence.
Previous order prohibiting certain behaviors by tenant was restored.

Dispute Summary

Landlord alleged tenant threw cat litter from balcony, violating a previous order.
Witnesses did not directly see the tenant throw cat litter; crucial evidence was deleted.

Findings & Determinations

No conclusive evidence against tenant.
Original eviction order set aside due to lack of reliable evidence.

Summary Points

Tenant's motion to set aside the eviction order was granted.
Original eviction order set aside; previous restrictions restored.
Insufficient evidence to prove tenant breached the order by throwing cat litter.

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